4-8-2013 Iowa:
Iowa House approval on Monday means a bill expanding the definition of the term “sex act” will go to the governor to be signed into law.
The legislation, Senate File 298, amends the definition to include “ejaculation onto the person of another.” It passed on a 98-0 vote after similarly unanimous votes in the Senate in various legislative committees.
The measure is intended as a response to the case of Perry chiropractor Daniel Duffy, who was convicted of misdemeanor assault in January 2011 after he masturbated onto a female patient in 2010.
The Dallas County Attorney said at the time he had wanted to file a more serious sexual-assault charge against Duffy, but the specific facts would not support such a charge under Iowa law.
Classifying such actions as a sex crime could allow prosecutors to bring felony charges in future cases, said bill handler Rep. Matt Windschitl, R-Missouri Valley. ..Source.. by Jason Noble
April 8, 2013
Bill expanding definition of a 'sex act' passes Iowa Legislature
November 27, 2012
Iowa sex offender registry receives an upgrade
11-27-2012 Iowa:
Iowa’s Sex Offender Registry is getting an upgrade, thanks to a nearly $110,000 federal grant. Terry Cowman, with the Iowa Division of Criminal Investigation, says the money will be used by local sheriff’s offices to purchase needed equipment.
“The equipment involves things like laptop computers, digital cameras for taking offenders’ pictures and electronic signature pads so we can continue our digital move to a paperless project,” Cowman said. Iowa sheriffs’ offices register and monitor more than 5,700 sex offenders statewide.
Dozens of sheriffs have said they need equipment upgrades to set up remote registration stations and avoid delays in getting information posted. “We hope to continue to get the resources spread out across the state,” Cowman said. “I believe we’ll have three-quarters of the counties affected by this particular grant.”
Last year, the Iowa Sex Offender Registry (SOR) emailed more than 283,000 notifications on the movement of offenders and changes in relevant information. ..Source.. by Pat Curtis
July 2, 2010
Changes to the Sex Offender Registry in SD
7-2-2010 South Dakota:
Changes to the sex offender registry go into affect today.
They are state wide requirements, that each individual county now needs to adjust to and prepare for.
KDLT's Krystle Kacner tells us what changes are taking place, and what they could mean.
South Dakota already makes it easy to check any neighborhood for sex offenders .
"The biggest thing is being on top of and being aware of where sex offenders live, what they've been charged with, and just take appropriate caution if you feel that's necessary," said Lincoln County Sheriff Dennis Johnson.
Now, the state is taking it even further. Grouping offenders into three tiers depending on the severity of their offense, the first tier being the most serious.
"Obviously this tiered system is a very large change and time will tell on how successful it is because there are still certain requirements, certain sex offenses where people still have to register for life. And the other two tiers where a person would at least be eligible after a certain amount of time to request removal," said Johnson.
If they are eligible they have to go to court to petition to get off the sex offender list. However an attorney will not be appointed for them and all of those court fees will be up to them.
"Its not just somebody can just write a piece of paper and expect to be taken off of the sex offender registry, I think it's going to be given a lot of scrutiny," said Johnson.
Lincoln County Sheriff Dennis Johnson says this could give some that perhaps do not need to be on the registry an opportunity to get off it and he says he has come across such cases in his career.
Johnson also feels confident there will be many people trying to get off the list in the next few months. In fact he says he's gotten many questions about it already.
Another change that went into affect today: Sex offenders only have three business days now to register as opposed to five.
And officials say in South Dakota, the only days that are not considered business days are Sundays and some National Holidays. ..Source.. Krystle Kacner
March 4, 2010
Wisconsin video voyeurs can now go on sex offender registry
Bloating the registry: Will folks that read Playboy be next?3-4-2010 Wisconsin:
MADISON, Wis. (AP) Gov. Jim Doyle has approved a law that will allow judges to place video voyeurs on Wisconsin's sex offender registry.
It is a felony in Wisconsin to make a video recording of a nude person if the person has a reasonable expectation of privacy, but until now those convicted have not been added to Wisconsin's sex offender registry.
The law signed by the governor Wednesday will give judges that option if the crime was sexually motivated and they believe it is in the public's interest.
Groups representing police chiefs and victims of sexual assault and domestic violence all supported the change. ..Source.. Fox21 News
January 26, 2010
Bill would expand registry data
Talk about DUMB LAWS, this is the worst I have ever seen: A law to require LINKS to other state registries (49 states) so folks can check all 49, for what? None of them would say he is about to kill a child! This guy (if he is the killer of this little girl) was already registered in Maryland, how would LINKS to other state registries have prevented her death? This lawmaker gets the award for the dumbest law ever!!!!!1-26-2010 Maryland:
UPDATE: In another article it points out that the bill requires things like "palm prints, professional license information and other details" none of which would have prevented the death of the little girl, who he is so quick to use her name to support his ideas. So, what is this lawmakers' real goal? Is he up for reelection?
ANNAPOLIS, MD. — A Maryland measure would increase information required in a state registry for sex offenders.
Sen. James DeGrange cited the death of 11-year-old Sarah Foxwell on the Eastern Shore last month as an example of why Maryland should expand information available to the public about sex offenders.
Thomas Leggs Jr., who has been charged with kidnapping her, was a registered sex offender in Maryland and Delaware. But DeGrange, D-Anne Arundel, says no one searching Maryland's registry would have known about Leggs' Delaware history.
The bill would require Maryland to include links to data on sex offenders in other states. ..Source.. Washington Examiner
November 13, 2009
IA- Sex Offender Registry redesigned
11-13-2009 Iowa:
by MARLEEN LINARES
The Iowa Division of Criminal Investigation’s recently redesigned Sex Offender Registry website is bringing more information to community members.
The site now provides e-mail notifications when an offender moves into a neighborhood, additional information on registrants, including photos and conviction information, and advanced map functions.
Karla Miller, the Rape Victim Advocacy Program executive director, said the site is useful when wondering about sex offenders in the area.
“It’s paramount to know that kind of stuff,” she said.
Some officials, however, had mixed feelings about the general idea of a sex-offender website.
The registry sites can provide a false sense of security, said Alisa Klein, the public-policy consultant at the Association for the Treatment of Sexual Abusers.
“[The sites] make people feel like they have the ability to protect their children better,” she said. “In reality, a very small percentage of offenders make their way onto the registry.”
Klein, whose company works with sexual offenders, said the site also has a negative effect on offenders, particularly those with low chance of re-offending.
“These people can’t find jobs, housing, and are kicked out of faith communities,” she said. “These are risk factors that puts them at risk to re-offend.”
According to the site, there are 83 registered sex-offenders within a 10-mile radius of Iowa City.
The conviction rate of sex offenders is very low, meaning there are many more potential offenders beyond those listed on the website, said Beth Barnhill, the executive director of the Iowa Coalition against Sexual Assault.
Terry Cowman, a DCI special agent in charge, said the redesign of the site came in response to the Jacob Watterling Act, which requires states to make information about sex offenders public.
“Our duty is to provide information as required by law,” Cowman said. “When technology grows, we strive to grow with it.”
The site allows anyone to search for an offender by name, address, telephone, e-mail address, or license-plate number.
The redesign of the website was in production for one year and cost $77,000, paid for through a grant from Iowa Access. ..Source..
November 10, 2009
IN- Sex offender registry reduced by 1/3
11-10-2009 Indiana:
by Megan Stembol
Supreme court decision opens potential
ALLEN COUNTY, Ind. (WANE) - A landmark case at the Indiana Supreme Court may decrease the number of people in Allen County that have to register as a sex offender by more than a third.
The Indiana Supreme Court overturned a ruling by a Marion County judge in the case of Richard P. Wallace vs. the State of Indiana . It's a decision that could echo across the state.
In 1988, Wallace pleaded guilty to a Class C felony Child Molesting charge. He completed his sentence in 1992, two years before state legislators passed the Sex Offender Registration Act into law. It required probationers and parolees convicted of child molesting on or after June 30, 1994 to register as sex offenders, among other things. The law was later amended to include all offenders, regardless of conviction date. The Indiana Supreme court ruled making Wallace register as a sex offender is unconstitutional because it violates the state's ban on ex post facto laws.
Deputy Prosecutor Michael McAlexander, the Allen County Prosecutor's office , explained what that means. "[The Indiana] constitution does not allow you to look at an event first and then decide that [it] should be against the law and then retroactively enforce it against people."
On the Allen County Sex Offender Registry alone, the case potentially affects about 245 of the 650 people registered. That's about 37% of Allen County registered sex offenders that potentially won't have to check in with local authorities and have their addresses and other personal information available to their neighbors on the registry website.
"I don't get to interpret the law, my job is to enforce the law," said Allen County Sex Offender Registry Administrator, Detective Jeff Shimkus. "I don't have to like it, but we have to apply the law the way the courts tell us to. That's the bottom line."
Shimkus warns parents that the registry is only a tool, and that thorough parenting is the best preventative measure to protect kids.
"You can have someone who's not registered, never been convicted of anything, who may be a very sick individual and he just hasn't gotten caught yet. Parents have to have common sense," said Shimkus.
The Allen County Sheriff's Department makes contact with about 200 registrants per month, knocking on their doors to confirm their address is correct. Shimkus admits, reducing the number of registrants by a third would reduce the work for police, who are dramatically taxed by the requirement of the Sex Offender Registration Act. Since it's conception in 1994, the law has been amended time and time again, to include more offenses, and more monitoring of offenders.
The Indiana Department of Corrections , the state registry administrative body, has a message to offenders on its website , regarding the Wallace case. It advises offenders to seek legal counsel if the Wallace case applies to them. Shimkus says locally, offenders have to file a motion to have themselves removed from the registry. A handful of people have already done that in Allen County. ..Source..
October 29, 2009
CT- Rell announces updated sex offender registry
Sex offenders living close to one's home are not the ones to be concerned about, if any at all. The Minnesota DOC study of WHERE sex offenders recidivate WHEN they do, and found that EVERY SINGLE sex offender that recidivated, did so miles away from their homes. Therefore, what the Gov. trys to sell as improvements are useless to folks: Mapping of RSOs within 2 miles and e-mails when a RSO moves into your neighborhood.
10-29-2009 Connecticut:
Gov. M. Jodi Rell and state police unveiled upgrades to the state’s Sex Offender Registry Wednesday that they say will help parents and officers keep better track of sex offenders.
The enhanced system was designed to bring the state up to new requirements outlined in the federal Adam Walsh Act and will allow people to actually track the listed addresses of the more than 5,000 people on the registry.
“The Connecticut sex offender registry was a national model when it was first rolled out — and now we are taking it to a new level,” Rell said during a press conference announcing the enhancements Wednesday. “Our families must have every tool available to keep their children safe.”
The improvements include a “mapping” feature that allows state residents to look up any convicted offenders living within a two-mile radius of their home. The site also features tips for parents on how to keep children safe and how to have appropriate discussions with their children about interaction with adults.
Individuals, groups or organizations can also sign up to receive e-mail “alerts” on convicted sex offenders who have moved into their area. The previous Web site allowed residents and police to look up offenders by name or city and provided only the offender’s name, address and charges.
The new system will also provide a detailed description of the offense and the age of the victim for those who have been convicted after 2006 and will eventually allow law enforcement agencies and probation officers to trade information, said state police Lt. Samuel Izzarelli who works with the registry.
“It will allow law enforcement and probation to update the database to exchange or update information,” Izzarelli said. “Now we’ll be able to know the exact reason someone has gone into violation and why. The system will automatically print out reports that officers can verify. These upgrades should be done in the next 10 months.”
The registry is maintained by the state police. Every convicted offender is required to register and verify that their address listed on the Web site is correct. Those who do not maintain their listed address are considered in violation.
The new system will also allow the state Department of Corrections to file electronic registrations for those offenders who will be leaving prison and coming back into the community.
The public will not have access to law enforcement information but will have better access to finding out if someone has come into their area, he said. But Izzarelli was careful to point out during Wednesday’s press conference unveiling the changes that state police caution parents that the Web site is only one tool in keeping kids safe.
“The individuals on the Web site make up a small portion of the sex offenders in our communities,” Izzarelli said. “Sexual assault is an under-reported crime and the statistics show about 3 percent of offenders have been convicted. The Web site should be used as one tool, not a clearing house for who should interact with children. It’s a good place to start the education in a household on a topic that often isn’t discussed.”
Parents should regularly have sexual-safety discussions with their children and the talks should grow as their children grow, he said.
Residents can visit the updated registry at www.ct.gov/dps and click on the “sex offender registry” link on the left-hand tool bar.
How many are in your neighborhood?
A quick check of the registry reveals that there are 206 offenders in 164 locations in a two-mile radius of The New Britain Herald using the 1 Court Street, New Britain, address.
There are 59 offenders in 54 locations in a two-mile radius of the Bristol Press at 188 Main Street, Bristol, according to the registry.
Residents can visit the updated registry at www.ct.gov/dps and click on the “sex offender registry” link on the left-hand tool bar. ..Source.. by LISA BACKUS, staff writer
July 4, 2009
IA- Clarity sought on sex offenders New rules may go unenforced until after an explanatory conference.
7-4-2009 Iowa:
Confusion clouds Iowa’s new restrictions on registered sex offenders just days before they take effect Wednesday.
The new rules include exclusionary zones limiting where registered sex offenders can go and alterations to Iowa’s 2,000-foot residency restriction, among other changes.
State officials have scheduled a conference to explain the rules to county law enforcement officers, but that won’t take place until July 6 and 7, about a week after the new law goes into effect.
“Essentially, we’re going to be going the whole first week of the new law not really knowing what we’re enforcing,” said Chief Deputy Jim Matthai, who handles the sex offender registry in Pottawattamie County.
That lack of understanding could lead to a lack of enforcement in general.
“I will not enforce much until after we have this (conference),” said Fremont County Sheriff Kevin Aistrope.
The law was signed by Gov. Chet Culver in late May. With little more than a month to prepare, state officials were in a time crunch, said Special Agent Joe Motsinger of the Division of Criminal Investigation.
“We’re working as hard as we can with the resources we have available,” said Motsinger.
While the intricacies of the law aren’t yet clear to county law enforcement officers, the basics involve new restrictions on registered sex offenders who have committed crimes against minor children.
Beginning Wednesday, anyone who falls into that category will be prohibited from entering a school, library or day care without written permission from authorities in those facilities.
Those same sex offenders also will be breaking the law if they loiter within 300 feet of any place children gather, such as swimming pools, playgrounds and public parks.
That doesn’t mean they can’t go to those places, said Motsinger, but they need to have a valid reason.
“A sex offender could take his kids to the park. That’s a legitimate reason to be there,” said Motsinger. “But if the sex offender is sitting on a picnic table by himself watching little kids on the merry-go-round, then he could be approached by law enforcement.”
The new rules give police a way to monitor sex offenders all the time, not just keep track of their addresses, said State Rep. Clel Baudler, R-Greenfield.
“We feel this is a tremendous tool for local law enforcement to watch these people,” said Baudler. “Watch them hang out and be able to charge them immediately if they don’t have prior written permission to be in certain locations where kids are.”
The new law also affects the 2,000-foot rule, which bars registered sex offenders who have committed crimes against children from living with 2,000 feet of a school or child care center.
The rule remains in place, but it will apply only to sex offenders who have been convicted of first-, second- or third-degree sexual abuse against a minor.
That will drop the number of sex offenders subject to the restriction from about 4,300 to about 1,250, said Ross Loder of the Department of Public Safety.
In Cass County, the number of sex offenders subject to the rule is expected to drop from about 20 to four, said Billie Taylor-McLaren, sex offender liaison for the county sheriff.
A similar residency restriction in Nebraska allows cities to enact laws barring sex offenders from living within 500 feet of a school or child care center, but it doesn’t impose a statewide restriction.
Baudler, who pushed for the changes in the Legislature, said limiting the 2,000-foot rule is the right thing to do.
“Quite frankly, the old law that we’re under right now did not work,” said Baudler. “It seemed tough at the time. It was not.” ..Source.. by Elizabeth Ahlin, WORLD-HERALD STAFF WRITER
June 3, 2009
IA- New sex offender law could present challenge for Shelter House
The definition of loitering gives new meaning to the word "over-broad," potential victims can be found anywhere in the world. Every time lawmakers go behind closed doors, anywhere in the nation, the concoction they come up with defies logic. Today's definition, not applicable to non registered sex offenders who commit the majority of new sex offenses, allows their conduct to continue without question.
6-3-2009 Iowa:
The Iowa City Shelter House could soon be facing another challenge.
On July 1, the same day the Shelter House is scheduled to break ground at the new location at 429 Southgate Ave., Iowa’s new sex offender law will take effect. While a citizen in the neighborhood believes the law means Shelter House will have to alter their operations, Shelter House Executive Director Crissy Canganelli said she is still learning what exactly the law entails.
“We are seeking legal interpretation of the documents,” Canganelli said.
On May 21, Gov. Chet Culver signed into law Senate file 340, which is Iowa’s new sex offender law. The new law, among other things, redefines what is considered loitering and what is considered a residence. Under the new law, loitering is defined as remaining in a place that would make a reasonable person believe the purpose is to allow the sex offender to become familiar with a location where a potential victim could be found.
Residence is also redefined as meaning a location frequented by a sex offender, though not necessarily where they permanently live. Joyce Baker, President of the Waterfront Neighborhood Association, said these changes are significant because the site for the new Shelter House is within the 300 foot exclusionary zone around HACAP daycare.
“I don’t know how they could physically screen those people from coming there,” Baker said, referring to sex offenders. “I don’t know how they could do their job effectively if they built there.”
Canganelli said the Shelter House does not allow sex offenders to stay at the residence, but does allow them to use services.
“Under the current law, they can come in and take a shower, do their laundry,” she said. “We think it’s important to afford those basic living supports.”
However, Canganelli said the Shelter House also serves children and partners with HACAP daycare. She said the notion that Shelter House would do anything to purposely put children in harm’s way is “repulsive” and “incredibly off base.”
Canganelli said the Shelter House will wait on getting clarification on the new law before considering any programming changes. However, Canganelli said the public can be assured that Shelter House will uphold the law, both at their new location and current location.
“If the interpretation of Senate File 340 is that we are not to continue (providing services to sex offenders), we won’t continue to do that,” she said. ..Source.. by Lee Hermiston • Iowa City Press-Citizen
May 23, 2009
IA- New sex offender restrictions signed into law by Culver
5-23-2009 Iowa:
Revised restrictions on convicted sex offenders were signed into law today by Gov. Chet Culver, under a bill that several key law enforcement officials said will better protect Iowans.
“This bill is going to give us the tools to make Iowa a little bit safer and all of our kids a little bit better off,” said Louisa County Sheriff Curt Braby, who is also president of the Iowa State Sheriffs & Deputies Association.
The main change in Senate file 340 sets up what is known as exclusion zones. It gives schools, child care centers and public library officials the ability to grant or deny access to any convicted sex offender.
But the bill also no longer prohibits about 3,100 of the state's lower-risk offenders from living closer than 2,000 feet from a school or child care facility. They could live as close as they like, but they would not be allowed inside the exclusion zone.
Offenders with the most serious crimes on their records would still be required to abide by the 2,000-foot rule, however.
Law enforcement agency representatives have generally said the revised law would help them keep the most dangerous child predators away from key areas where children are located.
Currently, a sex offender can spend time around places like schools but simply cannot live in that location. The changes would give law enforcement more authority to remove sex offenders from such areas and better protect the public, advocates for the bill said.
The bill, which some lawmakers have worked on for more than four years, easily passed both the House and the Senate with votes from both Democrats and Republicans.
About 70 law enforcement officials and lawmakers from both parties joined Culver at the Capitol today to sign the bill.
“This was done to fix a loophole in the law, which although limiting where offenders could live, it did not address other dangers to public safety in terms of day-to-day behaviors of registered sex offenders,” Culver said.
Rep. Clel Baudler, the top-ranking Republican on the House Public Safety Committee, led debate on the House floor and spoke at today’s bill signing. Baudler, of Greenfield, is also a retired Iowa State Patrol trooper.
“We must keep in mind that this law does not guarantee safety from sexual predators,” Baudler said. “We need to encourage our citizens to be proactive and use the resources that we have available.” ..News Source.. by JASON CLAYWORTH
April 24, 2009
IA- House approves overhaul of sex-offender laws
4-24-2009 Iowa:
DES MOINES — The Iowa House gave final approval Friday to a major overhaul of state laws dealing with sex offenders, including the creation of new exclusionary zones where offenders would be prohibited from visiting or working without permission.
Senate File 340 scales back a controversial law passed in 2002 that bans some sex offenders from living within 2,000 feet of a school or day care.
Critics of the 2,000-foot law, which included scores of law enforcement officials, said it made sex offenders more difficult to track and did little to protect the public because it only restricted where they could sleep at night.
Under the new bill, only offenders with the most serious crimes would be subject to the 2,000-foot rule.
Supporters of the bill say the new exclusionary zones are a better way to keep sex offenders away from children in schools and a whole list of places where children gather, such as playgrounds and libraries.
.
“Designating exclusionary zones and restricting employment further protects our families in the areas that were designed to be enjoyed by families,” said Rep. Jim Lykam, D-Davenport.
The House approved the measure on a 93-3 vote, sending it to Gov. Chet Culver, who said he will sign it.
Rep. Clel Baudler, R-Greenfield, called the changes “smarter, much tougher and more effective” that the current law.
“It will give law enforcement a tool that they can really use to protect our children,” Baudler said.
But some expressed concern with the changes.
“I’m just trying to figure out how to tell my day-care provider back home that with this legislation, a sex offender can live next door and sit in their backyard,” said Rep. Jodi Tymeson, R-Winterset.
The House rejected an amendment filed by Rep. Kraig Paulsen, R-Hiawatha, that would have kept the 2,000-foot rule in place for many offenders and allowed communities to adopt their own ordinances dealing with sex offenders.
Republicans voting against the final bill included Dawn Pettengill of Mount Auburn, Doug Struyk of Council Bluffs and Christopher Rants of Sioux City.
Rants complained that the bill did not comply with the federal Adam Walsh act dealing with sex offenders, and that Iowa’s sex offender registry requirements would be less strict than neighboring states.
“Where do you think those people are going to move to?” Rants said. “They’re not moving from Iowa to Illinois; they won’t be moving from Sioux City to South Dakota.” ..News Source.. by CHARLOTTE EBY, Courier Des Moines Bureau
April 15, 2009
VT- Expanded Internet sex registry sought for Vermont
4-15-2009 Vermont:
MONTPELIER – Proposed legislation would quintuple the number of people on Vermont's Internet sex-offender registry and add the home addresses of residents convicted of certain crimes.
The provisions, included in a package that also decriminalizes the practice of so-called "sexting" among consenting teenagers, have drawn fire from the Vermont ACLU, which has constitutional concerns about a registry expansion that it says it will do little to improve the safety of Vermont children.
However, Sen. Richard Sears, chairman of the Senate Judiciary Committee, said his committee has heard from a spectrum of Vermonters seeking broader access to the state's criminal database.
"The idea is that knowledge is power," said Sears, a Bennington County Democrat.
The bill, which passed through the Senate last week and is set for debate in a House committee today, expands the list of crimes that make sex-offenders eligible for the Internet registry. Vermont currently has about 2,400 sex offenders on its statewide registry, but only about 400 meet the threshold required to land on the more public Internet registry. The Senate bill would add another 1,600 names to the Web.
"The idea is that the community would be aware of these individuals and that this, by and large, is not a punishment, but rather a warning system," Sears said.
The bill also would revise the registry to include the home addresses of registered sex offenders. The existing registry lists only the offenders' hometowns.
(eAdvocate Post)
"So many people said they wanted that information," Sears said. "If their daughter is going to a friend's house for a sleepover, they want to be able to check and make sure there's nothing amiss at that house."
Sears said the registry expansion stems from a series of summer hearings held after the rape and murder of 12-year-old Brooke Bennett. A federal act, passed by Congress in 2006 and set to take effect later this summer, also has given rise to the issue. The Adam Walsh Child Protection and Safety Act seeks to unify Internet registry standards across all 50 states, and imposes financial penalties for states that fail to meet certain minimum requirements.
Sears said the state has held off on many provisions in the Adam Walsh Act – notably the retroactive addition of old juvenile convictions to the Internet registry. The committee did add certain crimes – such as lewd and lascivious conduct, second-offense voyeurism, and all sexual assaults – to the list of crimes that would land offenders on the publicly accessible Internet database.
Allen Gilbert, head of the Vermont ACLU, said there's no data to support a link between bigger registries and better public protection. He points to a 2005 legislative study, conducted months after Vermont first implemented its Internet registry, that found "no studies or statistics regarding a correlation between the establishment of sex offender Internet registries and rates of recidivism."
"We've always contended that Internet registries are a bad idea, mainly because there's no evidence that they work," Gilbert said. "They provide an illusion of public security, and we also think they stigmatize offenders, thereby making it difficult for them to be assimilated into society again."
Gilbert also opposes the inclusion of home addresses on the online registry. In 2006, two men were gunned down in their Maine homes by a 20-year-old Canada man who reportedly targeted them after finding their names and locations on the state's Internet sex-offender registry.
Gilbert said the practice of including offenders' home addresses risks similar vigilantism in Vermont.
"We think it's a really bad idea," Gilbert said.
Retroactively applying new Internet registry protocols to previously adjudicated cases, according to Gilbert, could be constitutionally questionable.
"We think it is indeed a punishment and should not be applied to people who were convicted prior to the time when the provision goes into effect," Gilbert said.
Sears said Vermont has received a one-year extension for compliance with the Adam Walsh Act. The state risks losing as much as $500,000 in federal aid if it does not comply, though Congress is reconsidering aspects of the law after objections were raised by a number of states, including Vermont.
Sears noted that, if passed, the registry expansion would not take effect until 2010. Technological and staffing shortcomings at the state's registry program have resulted in out-of-date and incorrect information being posted online, he said. The year-long implementation delay, Sears said, is intended to give the Department of Public Safety time to solve the problems and streamline the processes.
The House is set to deliberate on the registry component of the bill this week. ..News Source.. by Peter Hirschfeld Vermont Press Bureau
March 17, 2009
CT- Legislation will toughen and expand reporting requirements of sex offenders
Must of the additional information required is protected by federal law. Yet, there is a exception, if the person previously agrees to allow such use of it, of course the state does not tell the registrants of those protections nor that they have a right to block using personal information. In essence the information is coerced from the registrant without informing him/her of their rights under federal law.
3-17-2009 Connecticut:
Changes to Sex Offender Registry Include More Frequent Reporting, New ID Requirements
Governor M. Jodi Rell today announced that her office has submitted testimony to the Legislature’s Judiciary Committee in support of her bill to improve Connecticut’s sex offender registry and to expand the reporting requirements of sex offenders, including the frequency of reporting and the types of information reported.
HB 6384, An Act Concerning the Registration of Sexual Offenders, which makes the state’s sex offender registry conform to the federal Adam Walsh Child Protection Act, provides greater public protection by making significant improvements to the sex offender registry and by placing the toughest notification requirement in the country on registered sex offenders entering the state. Out-of-state registrants would be required to provide prior written notice to Connecticut authorities 48 hours before entering the state.
Lets see, how would registrants from other states know of this provision? Will other states be required to provide notice to all of their registrants about this Connecticut provision? It never ceases to amaze me how shortsighted lawmakers are. If it sounds good lets do it, always their call. One thing for certain, does this provision make these lawmakers look smart? Lets see if it gets past other lawmakers...
“Public safety is the most important responsibility of government and we must be especially vigilant on behalf of our youngest and most vulnerable citizens,” Governor Rell said. “These changes will increase the frequency of reporting and expand the amount of information available on sex offenders to include their employers and information about vehicles that offenders drive.
Wonderful, paint a target on registrants. Opps, actually whoever drives such a car. i.e. the RSOs wife and maybe have their children with them. Maybe Gov. needs to look at the vigilantism that is occurring "Vigilantism" and "Murders."
“The more the public knows, the better protected they will be,” the Governor said. “With these changes, the information available about registered sex offenders in Connecticut will be comprehensive and the host of new reporting requirements we are imposing on them will help law enforcement officials keep close tabs on their activities.”
The bill also includes revisions to the registry that will make the sex offender registry a three-tiered, “offense-based” system with new requirements and additional information about offenders. The three tiers are based on the seriousness of the offense, with Tier 1 offenses requiring 15-year registration, Tier 2 offenses requiring 25-year registration and Tier 3 offenses requiring lifetime registration.
Under the restructured system, registrants will be required to report in person to law enforcement registry personnel between one and four times per year, depending on their tier designation. In addition, they face additional reporting requirements including the name and address of their employer, the license plate number and description of their vehicle, the name of their probation or parole officer and their telephone or cell phone numbers.
They will be required to have a Connecticut driver’s license or non-driver identification card. They will also have to provide copies of their birth certificate, travel and immigration documents and any professional licenses.
Under this bill, registration will also apply to individuals who had previously eluded registration as a result of a release into the community that predated statutory requirements. Such individuals that have been convicted or found not guilty by reason of mental disease or defect of a sex offense and reenter the criminal justice system for any crime would be required to register.
The law expands the list of educational institutions that if registrants worked in or attended, such registrants must report to the registry. The expansion captures many of those locations where children are found outside of school. ..News Source.. by Governor Rell's Office Press Release
December 16, 2008
UT- Walsh: Too many details, or too few?
12-16-2008 Utah:
OK. I admit it: I'm judgemental.
It's more than my job; it's a perspective on life. I'm working on it.
People like me are the reason the Utah Supreme Court chipped away at the State Sex Offender Registry last week.
In the case of convicted pedophile Stephen Briggs, the justices agreed with Briggs' legal defenders that Utah's registry went too far when it included "target information" with each offender's criminal history, tattoos and scars.
Listing "juvenile female," next to an offender's picture "is troubling in that it implies that the offender is presently focused on repeating past crimes with similar victims," the court ruled. "It intimates that the offenders will commit some kind of crime in the future."
And they're right. For worried mothers, the target information is the heart of the registry -- a hint at a perceived threat, a possible clue to an abuser's motivation. To fix it, lawmakers might simply list details about a victim, rather than a type.
I never looked at the registry until this year, when my son turned five and started kindergarten. His world and the people in it expanded exponentially. I started wondering about the people who might live in my Salt Lake City neighborhood. Seven registered sex offenders live within a 1-mile radius of my house, 12 within two. All men. And all preyed on girls or women.
I took some comfort in those details. They tamped down the rising hysteria, any lingering impulse to find a pitchfork or, more likely, race off to Kinko's with a flier to staple on all the telephone poles. But I e-mailed my sister-in-law, mother of a 5-year-old girl, who lived close to one of the men. Just in case.
I'm not proud of it. My baser, mama-bear instincts undermine my training and education -- reason even.
The Bureau of Justice Statistics tracked 9,700 male sex offenders released in 15 states in 1994. The study, published in 2003, found that sex predators were less likely to be reconvicted in the first three years out of prison than all other prisoners -- 24 percent compared to 47 percent. Just 3.5 percent were convicted of a sex crime in the follow-up period.
My brain knows this. I'm all for second chances and due process. There's a difference between a teenage boy sending nude pictures on a cell phone and a guy who trolls neighborhoods in a van when school lets out.
Lumping all sex offenders together is unfair and actually makes it harder for parents to sort out who could be dangerous and who is not, says Karen McCreary, director of the American Civil Liberties Union of Utah.
"We don't do this with any other criminals who are supposedly dangerous," she says.
I double-checked the registry Monday. By noon, the target information was gone. ..News Source.. by Rebecca Walsh,
The Salt Lake Tribune
January 9, 2008
New offender law is offensive
1-3-2008 Ohio:
A new, tougher Ohio sexual offenders registration law that went into effect Tuesday is bound to do far more harm than good, and actually could be a step backward in protecting the public. In requiring longer, more frequent and more widespread registrations, it burdens the legal system and hurts low-level offenders who are trying straighten out their lives.
The General Assembly passed the law last summer to reflect a recent federal notification law, the Adam Walsh Act of 2006. The federal law created a national electronic registry to better track offenders from state to state. But it also required states to conform to the federal code by 2009 or lose 10 percent of the funding available under the act.
Ohio is one of six states to pass such laws so far. Kentucky officials say they are still studying their options.
Ohio's new law reclassifies the state's 23,000 offenders into a three-tier system, instead of the previous eight categories. Many will be reclassified into higher levels, even some whose offenses were long-ago youthful indiscretions. This means that people who have obeyed the terms of their registration for years and have not offended since then are suddenly branded as more serious offenders, their addresses and personal information publicized, sometimes for the rest of their lives.
This retroactive action, if not technically illegal, is absurdly unfair. Offenders can appeal. Many should - and judges should hear the appeals carefully and decide fairly on each offender's status.
Re-classifying them upward also requires sheriffs to issue more notifications about offenders' whereabouts, adding administrative burdens with little payoff in public safety. In fact, it may be a case of "crying wolf." The more notifications are issued, the more meaningless they will be perceived as being.
Perhaps the system's greatest failing, however, is how it lumps all offenders together, in public perception at least, as evil people who should be shunned and cannot be "cured."
Citizens have the right to access such public information from the justice system. But without context, it becomes more like a scare tactic.
Part of the problem is the media's sloppy shorthand on "sexual predators," a term some politicians eagerly embrace. But most of these offenders are by no means "predators" - a limited, specific legal term applied to the most violent class of offenders.
Franklin County Common Pleas Judge David Cain got it right in telling the Associated Press, "It's a mess created by politicians, and it's going to be a mess for the courts to sort out." We hope the courts sort it out patiently, and that the public demands common-sense changes. ..more.. Editorial The Enquirer
